Human Events Daily with Jack Posobiec - August 12, 2026


ARREST THE COMMUNISTS: The SPLC Fraud Case & Tyler Robinson’s Newest Defense Filing


Episode Stats


Length

48 minutes

Words per minute

178.8

Word count

8,697

Sentence count

461

Harmful content

Misogyny

12

sentences flagged

Toxicity

17

sentences flagged

Hate speech

7

sentences flagged


Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 Hey guys, it's Jack. I wanted to let you know that we're starting a new push for subscriptions here on Human Events Daily.
00:00:09.340 So make sure that when you're listening to this podcast, you hit subscribe, you download it, and you share it with five of your friends.
00:00:16.720 Make sure they're all going and downloading as well, because we need to get the signal out as much as possible.
00:00:22.440 Look, we've done so much over the past couple of years since this show started, and we're only going to do so much more.
00:00:29.360 Let's get it.
00:00:34.500 This is what happens when the fourth turning meets fifth generation warfare.
00:00:43.600 A commentator, international social media sensation, and former Navy intelligence veteran.
00:00:50.320 This is Human Events with your host, Jack Posobiec.
00:00:53.380 Christ is king.
00:00:54.920 We grew up in democratic politics together, and I think we both remember well when party
00:00:58.920 leadership really selected the nominees.
00:01:01.960 Now, you would never say it that way exactly, but they would.
00:01:05.280 But you can now.
00:01:06.160 Now we can.
00:01:06.900 We're free.
00:01:08.040 You know, they really did because they would put money behind it.
00:01:11.180 They would endorse.
00:01:12.820 And now it looks very much like party leaders are not picking the nominees.
00:01:17.740 In fact, party leaders pushing nominees is a negative.
00:01:21.820 It is a negative in many of these races.
00:01:24.500 My name is Peggy Flanagan. I am the lieutenant governor of Minnesota and I'm really honored and humbled to be here with all of you today. I am incredibly clear that the Somali community is part of the fabric of the state of Minnesota race between Peggy Flanagan and Angie Craig, the Democratic primary for U.S. Senate race.
00:01:46.960 And this is what it shapes up like. Seventy percent of the votes tallied. Peggy Flanagan is now the projected winner in that race with fifty nine percent.
00:01:55.900 OK. Wow. What the heck just came in Brown? Was that the that was huge for her?
00:02:04.340 Yeah. So that was about eighteen thousand votes and she nets two thousand. 1.00
00:02:09.880 Question. Was that the. That wasn't central count, was it? 0.98
00:02:22.020 It was a nail biter last night in the Democratic primary for Wisconsin governor early this morning, just after 2.30, the AP calling the race for David Crowley, who will now face Republican Tom Tiffany in November.
00:02:36.140 You see their progressive Democratic candidate, Francesca Hong, who was leading Crowley in the polls heading into election night.
00:02:43.420 And Crowley had the endorsement of current Governor Tony Evers.
00:02:46.440 The defense attorneys have accused Charlie Kirk assassin Tyler Robinson are arguing that there's not enough evidence to go to trial.
00:02:53.540 They're saying, quote, the state has failed to establish probable cause that the shooter knowingly created a great risk of death to another other than Charlie Kirk and himself.
00:03:03.140 and welcome aboard today's edition of human events daily we're here live in washington dc
00:03:11.920 today is august 12th 2026 anno domini ton of stuff going on out there today huge filing
00:03:18.080 in the tyler robinson case of course we'll be breaking down everything there this of course
00:03:22.660 the filing from the defense side this is tyler robinson's own defense team we're going to have
00:03:29.020 our own team of legal experts here on the program to break all of that down. Now, moments ago,
00:03:35.780 just before the show went live, we also got information regarding a major, major arrest
00:03:44.500 from the Attorney General himself. Todd Blanche came out at a press conference and stated that
00:03:51.460 the former director of the Southern Poverty Law Center's Intelligence Project has now been
00:03:58.020 arrested in California on fraud charges. The director of the SPLC's intelligence project
00:04:07.660 has just been arrested. Ladies and gentlemen, that's what we're talking about right there.
00:04:14.240 It is time for a little something that we call the iron law of reciprocity. Iron law of reciprocity.
00:04:22.400 Todd Blanch was confirmed just a few days ago.
00:04:25.580 This arrest comes, boom, right now.
00:04:29.020 Let's not forget what she did. 1.00
00:04:31.520 She oversaw payments to these informants, 1.00
00:04:34.840 informants in what she called right-wing extremist groups.
00:04:39.200 But these groups were being paid and funded by her.
00:04:43.480 These groups were being organized and controlled by her
00:04:46.540 and her little intelligence project over there at the SPLC.
00:04:51.160 Now, we're also, and remember, this was over $1 million to one informant that we're also told that she was having a relationship with, a sexual relationship with.
00:05:03.600 How wonderful.
00:05:04.320 How interesting.
00:05:05.800 And, of course, this goes to, we're talking about the Imperial Wizard of the KKK activity involving the National Alliance neo-Nazi group.
00:05:13.140 Well, Attorney General Todd Blanche is out publicly confirming the arrest and charges as part of the ongoing investigation.
00:05:18.660 Barrett previously led the SPLC's hate group tracking work before leaving and co-founding the Global Project Against Hate and Extremism.
00:05:27.040 The SPLC has disputed the government's characterization, blah, blah, blah. 0.62
00:05:30.700 Ladies and gentlemen, ladies and gentlemen, it is time to start arresting the communists.
00:05:38.180 And it is really simple. It is really simple.
00:05:41.140 It's a law of the universe.
00:05:43.200 that which is done to us
00:05:45.140 which will be done to you
00:05:47.540 to the specific people
00:05:49.600 who were behind it
00:05:50.640 these are the people who lied
00:05:52.040 these are the people who said it all
00:05:53.560 and by the way
00:05:54.220 it doesn't escape me
00:05:58.520 that this is the same intelligence director
00:06:00.820 and many of these informants
00:06:02.820 were involved in Charlottesville
00:06:05.820 the Unite the Right rally
00:06:08.460 so the Charlottesville rally
00:06:11.040 was actually an operation and what day is today folks what day is august 12th today is the
00:06:19.500 anniversary of charlottesville nine years ago today so you know just a little i don't know
00:06:28.820 we could call it poetic justice i suppose that she's been arrested on the nine-year anniversary
00:06:35.080 of her own crimes.
00:06:37.620 A crime that they threatened 1.00
00:06:38.960 to take down the entire country over. 0.78
00:06:41.740 They wanted a civil war 0.99
00:06:43.560 because of the crap that was coming out of the SPLC, 1.00
00:06:46.360 the crap that was coming out of her mouth, 1.00
00:06:48.120 the crap that was coming out of all the media mouths, 1.00
00:06:50.260 and now she's been arrested for fraud. 1.00
00:06:51.660 And you look at what she's done.
00:06:53.360 A million dollars in payments 0.55
00:06:55.040 to a guy she was having sex with 0.93
00:06:56.920 posing as one of these leaders. 1.00
00:06:59.320 It's disgusting. 1.00
00:07:00.560 She's disgusting. 1.00
00:07:01.580 She's a pig. 1.00
00:07:02.520 This is horrific. 1.00
00:07:03.660 and thank God justice is finally being done in America. 0.91
00:07:08.980 These liars, these fraudsters,
00:07:10.900 these charlatans need to be locked up for good. 0.99
00:07:15.600 We'll be right back. 0.85
00:07:16.360 Human Events Daily.
00:07:31.040 And Jack, where is Jack?
00:07:33.660 Where's Jack? Where is he? Jack, I want to see you. Great job, Jack. Thank you. What a job you do.
00:07:45.140 You know, we have an incredible thing. We're always talking about the fake news and the bad,
00:07:48.580 but we have guys, and these are the guys who'll be getting Pulisic.
00:07:54.760 All right, folks, we're back here. Jack Pesoba, Cuban Events Daily. Now,
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00:09:04.480 I want to bring on now, so we have this filing. It is a monster filing in the Tyler Robinson case.
00:09:11.280 This, of course, is the briefing to kind of get everyone up to speed and re-familiarize everyone
00:09:17.100 with where we are in the case. So we had the initial hearing. However, the judge has yet to
00:09:21.660 make his ruling. It was decided at the end of that hearing that I attended out in Utah, in that
00:09:27.080 courthouse, that hot courthouse in the middle of the summer, that in the high desert, that
00:09:33.580 there would be two briefs, the state, the defense, and then the judge would make his decision. There's
00:09:38.360 going to be oral arguments on September 1st, about two weeks time. But the defense has filed
00:09:43.380 their motion here. And from my reading, it seems that their biggest focus is on trying to get the
00:09:51.320 death penalty off the table. That seems to be clearly what they're focused on here. I read
00:09:57.020 the entire thing this morning. It was the first thing I did when I woke up and I saw this came.
00:10:00.820 I read every single word of it. And now we are here to break it down. But because I'm not a
00:10:05.620 lawyer, I wanted to get the best lawyer I could on it. And that's why I got Andrew Branca, host
00:10:08.660 of The Andrew Branca Show. Andrew, how are you? I'm doing great, man. How are you doing?
00:10:13.160 Well, I'm in this position where I think I've got some thoughts about this briefing, but I want to
00:10:20.660 get it straight from the lawyer. That's why I brought you on. But look, this to me, what jumped
00:10:25.840 out here is it seems to me their biggest focus isn't necessarily on, you know, the points of
00:10:34.540 the evidence itself. It's really more on these enhancements, these aggravating factors, which
00:10:40.400 would trigger in Utah, under Utah law, the death penalty. Right. So the only capital charge here
00:10:48.360 is that aggravated murder charge, and it's based on the allegation that Robertson knowingly created
00:10:54.440 a great risk of death to others besides Charlie. If that's the case and the jury would fine for
00:10:59.580 that, they'd be looking at the death penalty. And anytime you're a defense attorney and you
00:11:02.520 have a client looking at the death penalty, victory is essentially defined as your client
00:11:07.020 does not get the death penalty. They get convicted and all the other stuff, that's fine as long as
00:11:10.980 they're not sentenced to death. So that's their primary concern. They do some hand-waving here
00:11:15.520 on the other charges. But it's important to keep in mind what the standard of proof is here. We're
00:11:20.520 not trying to determine guilt on the merits. We're just trying to decide, is there evidence from which
00:11:26.060 a unbiased jury could rationally find that these charges have been proven? It's essentially a
00:11:32.660 probable cause level of proof. And unfortunately for the defense, there just clearly is. I mean,
00:11:38.620 there's vastly more than enough evidence for a jury to consider. We don't have a circumstance
00:11:43.060 here where no jury could rationally conclude guilt. It's not there. And even on this aggravating
00:11:49.660 factor, which would be the most vulnerable, it's the one the courts will be most sensitive to
00:11:53.700 because it carries a death penalty. The arguments the defense is making that there was not a
00:11:59.540 knowing creation of a risk of death to others simply doesn't hold water here.
00:12:06.060 Yeah, so I read that part. And so there's two, if I understand this correctly, there's two
00:12:10.300 counts, aggravating counts that they're adding to this, one being that it was done in the presence
00:12:16.780 of minors and that it could have threatened others. Right. And and then also this political
00:12:21.580 targeting. And on the one that you just mentioned, you know, the fact that it took place in the
00:12:26.660 presence of minors, they're making this strange argument that Tyler Robinson, when he was on the
00:12:32.020 roof or as they say, the shooter was on the roof. And by the way, they don't dispute that there was
00:12:35.580 a shooter on the roof, that a shooter can be seen on the roof, that the shooter took a shot on the
00:12:39.260 roof, that the bullet came from the roof, that it was on a downward trajectory to enter Charlie's
00:12:43.220 neck, et cetera, et cetera. All the things that we see on the video and that those of us who were
00:12:47.860 in court and watched the video reported in real time. None of that is disputed. In fact, all of
00:12:52.820 it is stipulated by the defense team. But what they argue is that the shooter could not have
00:13:00.160 known from that line of sight that children were in the crowd and in fact fired over the crowd and
00:13:07.020 not through the crowd. Now, look, again, I'm not a lawyer. That doesn't sound like a very
00:13:12.300 strong argument to me. Oh, it's not, especially since there's other things that Tyler Robinson
00:13:17.740 knew. I mean, he had walked around the area prior. He knew the kinds of people that were there. He
00:13:23.480 knew children were in the area. Are we supposed to believe that he thought for some reason that
00:13:27.860 all the children that were there when he first walked through were gone when he decided to fire
00:13:32.640 the shot? That's simply not credible. He would have no reason to believe that.
00:13:37.020 No, that's exactly right. And in addition to that, so when they talked about the political
00:13:41.920 motive, I noticed that one thing that was argued at great length during the hearing was not found
00:13:48.940 anywhere in their brief. And that, of course, was the etchings on the bullets, which I've always
00:13:54.840 held is where the shooter told the entire world what his motive was. You see trans slogans and 0.91
00:14:02.120 you see anti-fascist Antifa slogans on multiple bullets. It's as clear as day. I couldn't see a
00:14:08.140 single reference to that here. Well, they don't want to talk about the evidence that's harmful
00:14:13.020 to them in this filing, of course. That's the job of the state to do. But again, this is evidence
00:14:18.480 that's in the record that a jury at trial will be free to consider. So there are facts for a jury to
00:14:25.460 come to a conclusion of guilt. For them to win on this, none of these facts would have to be in
00:14:30.260 evidence, which is why they're simply not talking about them in his filing.
00:14:34.720 That's precisely right.
00:14:35.840 We're supposed to forget.
00:14:37.260 Oh, right, right, right.
00:14:38.120 And of course, the state does obviously reference this in their filing, and of course, brought
00:14:42.480 it up at the hearing.
00:14:43.840 And if the oral arguments do take place on September 1st, as is scheduled, pending any
00:14:50.920 changes, of course, we've seen a lot of delays in this case already, that I am certain that
00:14:56.280 if there's a question of motive, that's going to be the first thing that's brought up.
00:14:59.640 Now, another piece of this, though, is that I did want to dig in,
00:15:03.360 that it seems to me as though there's a number of points here
00:15:07.420 where the defense is making stipulations.
00:15:10.880 There's a part where they talk about, and I tweeted this out earlier,
00:15:15.440 where they talk about the stairwell footage,
00:15:17.120 and they say that the video evidence shows Mr. Robinson
00:15:20.540 walking up and down stairs at UVU with a gait impaired
00:15:23.480 by something long in his pant leg.
00:15:25.900 The reasonable inference from the evidence provided
00:15:28.560 is that it was a fully assembled rifle. Now, I don't know that I would agree that you obviously
00:15:34.820 know that it's a fully assembled rifle, but some kind of rifle, that's certainly for sure.
00:15:41.640 But it also seems to me that with this, they're pointing out that the video evidence shows their
00:15:46.980 client on the campus at the time of the crime. Yeah. So an inference, of course, is when you're
00:15:52.640 coming to a conclusion, not based on direct evidence, but from circumstantial evidence,
00:15:56.600 you're observing something, you're saying, well, this suggests that this other thing is true as
00:16:00.700 well. And there's a difference between inference and speculation, and they try to conflate that
00:16:04.860 in this filing. Speculation is when you're coming to the conclusion based on no evidence. That's
00:16:10.580 the difference between an inference, where you're actually just extending things you're observing.
00:16:14.580 Obviously, the limp could mean it would be a reasonable inference. There's something that's
00:16:18.540 causing the limp. It could be a rifle in the pants. Speculation would be, for all we knew,
00:16:23.120 he had three rifles. There's no evidence to support that. What was interesting to me is,
00:16:27.760 I'm not sure I would go so far as to say that they're explicitly stipulating a lot of these
00:16:31.420 things, but they don't have any counter-argument. I mean, all the evidence is consistent with what
00:16:35.980 the state's narrative of guilt is here, and they have nothing to the contrary.
00:16:40.800 Right. You don't see anything. And by the way, I'm going to have to go and check again, but
00:16:45.460 I didn't see very much response to all the DNA evidence, for example, or fingerprints,
00:16:51.980 or so many other things that came up at the hearing that, again, in these 41 pages are
00:16:56.400 just not found.
00:16:57.700 They don't mention DNA at all that I can recall in this 41 pages.
00:17:01.700 I'm running my control F right now, and I just don't see it.
00:17:06.060 Right.
00:17:06.800 Yeah, nothing in there about it.
00:17:08.160 Again, they don't want to talk about the things that they don't have an answer to, and that's
00:17:11.700 one of them.
00:17:13.000 Right.
00:17:13.280 And so when you're looking at all of this, does it seem, and I'll just ask you your opinion
00:17:18.840 here that is, does this seem like it is their strategy then is, you know, kind of saying,
00:17:25.560 all right, we think this is going to be bound over, it's going to trial, and they're working
00:17:30.740 backwards from a potential death penalty? Yeah, they very much, of course, would like the death
00:17:36.500 penalty off the table. This whole knowing creation of a risk to others, for example,
00:17:41.000 it's kind of silly when you think about the other arguments that have been made in this case. Now,
00:17:45.780 We know from the forensics, for example, that the bullet fired into Charlie, fragmented, stayed in his body.
00:17:51.200 There was not an exit wound.
00:17:52.380 That's not what I would expect from a .30-06 round, but it can happen from a .30-06 round.
00:17:56.660 There's no question about that.
00:17:57.980 It's within the realm of reasonable terminal ballistics for that kind of round.
00:18:02.820 But now they're trying to say, the defense is trying to say, well, no, I mean, these bullets operate like lasers.
00:18:08.700 You know, there can be no deflection.
00:18:11.020 There can be no ricochet.
00:18:12.180 There could be no risk to other people.
00:18:13.700 Only Charlie was possibly at risk.
00:18:15.780 from this high-powered rifle round, when in fact they cite the Supreme Court of Utah decisions
00:18:22.720 on this issue, and those decisions explicitly talk about things like the risk of a ricochet,
00:18:27.980 the risk of a stray bullet. All of those are clearly present here as the creation of a
00:18:33.300 knowing great risk of death to others. Their own citations are not supportive of their efforts to
00:18:39.720 try to get this excluded. In fact, you're coming up on a quick break, but one of the things that
00:18:43.720 they brought up at the hearing as well the prosecution brought up was the fact that the
00:18:47.100 the tent behind Charlie it's it's sort of an opaque white wall but again it's still a tent
00:18:52.540 it's not going to deflect anything if he had missed if the shooter missed anyone standing
00:18:57.220 behind there walking behind their students staff faculty children anyone would have been at risk
00:19:03.680 and in fact the shooter had no way of knowing who was behind that tent at the time which I would say
00:19:10.960 the reasonable inference would be that that does create a knowing risk of death to others
00:19:17.680 jack prosovic right back here cuban events daily you're a market for sports
00:19:30.640 hey you know they talk about influences these are influences and uh they're friends of mine
00:19:36.320 Jack Posobiec
00:19:38.540 Where's Jack?
00:19:40.660 He's done a great job
00:19:42.180 Alright folks, Jack Posobiec
00:19:46.000 back live here at Human Events Daily
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00:20:45.740 So we're going through this new filing.
00:20:47.480 It's 41 pages.
00:20:49.540 I've read every word.
00:20:51.420 And, you know, we're in the Tyler Robinson case.
00:20:55.240 We talked about the video evidence confirming that it was Tyler Robinson
00:20:59.420 walking up and down the stairs at UVU with a gait impaired by something long on his pant leg.
00:21:03.900 That is the defense. That is not the state. That is not anyone connected to anyone other
00:21:09.920 than Tyler Robinson's own team. And we, you know, we look at so much here. They're asking to take
00:21:16.620 the death penalty, asking the judge to take the death penalty off. That is one of their main,
00:21:22.380 one of their main decisions that to try to, to put out. It does, it does say that the single
00:21:28.700 bullet followed a downward trajectory from the rooftop and struck only Charlie Kirk. There's a
00:21:35.160 former Navy SEAL who disagreed with me on that, and I hope that he gets a chance to read this
00:21:39.980 new report. And the defense team also states that the evidence shows a shooter was on the
00:21:44.980 low seat center roof in a prone position for approximately 35 to 44 seconds before firing
00:21:50.060 their weapon once. And so I want to bring up here attorney Andrew Branca, host of the Andrew
00:21:55.700 break a show. And Andrew, when we're looking at this, let's steel man it, right? Let's steel man
00:22:03.120 the situation. Devil's advocate, what would you say is the strongest part of the defense's
00:22:09.640 briefing here today? I think it's strongest if they're speaking to a naive audience about how
00:22:15.180 firearms work and how accurate they are and how much reliance you can put that you're only going
00:22:20.100 to hit your intended target and nothing but that. As we talked in the break, I'm a lifelong
00:22:25.100 competitive shooter. I consider myself pretty good with a gun. I miss. People miss. That's just what
00:22:30.340 happens. Bullets overpenetrate. Bullets ricochet. The defense would have us believe that the only
00:22:36.100 possible outcome here was a single round was fired, would strike and kill Charlie Kirk and never
00:22:40.740 present a threat to anybody else. And that's simply not the reality with a high-powered rifle
00:22:45.280 fired into a crowded arena. And that's exactly right. And I just think, and you look at the
00:22:51.660 pictures. And I've, so I've, I've gone to that rooftop myself. I was not there that day, but
00:22:55.800 I've gone to the rooftop since then. I've seen the photos on the rooftop. I've seen photos that are
00:23:00.020 from, you know, nearby that, that vantage point where you can see, I mean, it's, it's, it's a
00:23:05.400 crowd full of people that are between everyone just common sense knows it is a crowd full of
00:23:10.200 people that the shooter was shooting over. And then Charlie was, of course, and he was, he was
00:23:15.780 in a, you know, a slightly raised platform. He was sitting, but he was under a tent and there's no
00:23:20.980 way there's no way that that that shooter was not putting the people at risk and I just don't know
00:23:27.160 how anyone could sit there and and I get it you know they're they're you know making the argument
00:23:31.780 they can but it's not a very good one we'd have to imagine that someone standing near Charlie
00:23:37.860 when that shot was fired would believe I'm totally fine I'm at no risk here of death or
00:23:42.860 serious bodily injury no and I've talked to people I've talked to many of the people who
00:23:47.600 were standing right there. And I can assure you that is not what was running through their minds
00:23:51.740 at that moment when they heard that rifle shot, that crack come out, which, by the way, is a very
00:23:56.800 recognizable sound. Obviously, a rifle, not something else. Anyone who's done any amount
00:24:03.540 of shooting knows the difference between the crack and the pop of a rifle versus a pistol.
00:24:09.260 Everyone looked at the exact spot where the sound emanated. People can triangulate pretty well with
00:24:15.140 their ears. It's not, you know, it's not something fancy. Everyone can do so. And what's horrific
00:24:21.100 is that, yes, people, of course, fled in terror afterwards. And we heard testimony from multiple
00:24:27.880 officers and law enforcement who were there from the school and from other agencies that eventually
00:24:32.500 came of the aftermath. And people were terrified. This is not a situation where anyone felt that
00:24:38.420 their lives were not at risk, including, by the way, of the multiple, you know, emotional and
00:24:44.800 harrowing moments of just watching the evidence, this is only a little piece of it, that we watched
00:24:49.420 a video, and it had been partially blurred out, of a mother who was there with two very small
00:24:54.220 children who we know what they saw that day and how that obviously has irrevocably changed their
00:25:01.980 lives. And the defense arguments in their brief largely consisted of them providing lots of
00:25:07.460 examples of cases that were more horrific in the sense of how many people were endangered. So
00:25:13.520 multiple shots fired at multiple people in a particular set of time. And then they say,
00:25:18.620 and nothing like that happened here. This was just one shot directed at one person.
00:25:23.560 But what matters is not whether other people were actually killed or bullets were fired into them.
00:25:28.800 What matters is whether or not there was a risk of death to them. And a high-powered rifle fired
00:25:34.420 into a confined space creates that risk. It would be impossible to contend otherwise.
00:25:39.320 No, it certainly would.
00:25:40.800 And really this, I mean, you know, I don't even know where you go with this, but the idea that the assassination of Charlie Kirk would not be political, I get that they have to make an argument.
00:25:52.280 But, you know, to me, that just feels like they're cashing a check because I don't think that anyone is going to accept that with any amount of seriousness.
00:26:01.640 Just a random victim selected here is what we're supposed to believe, I suppose.
00:26:06.400 No, and unfortunately, I get it, right? 0.81
00:26:09.640 I almost, you know, I wish we lived in a, believe me, there's nothing I wish for more than we lived in a country where a committed, ardent, anti-fascist, pro-trans activist would climb up on a roof with a Mauser 98 and shoot a guy and kill him in front of the entire world.
00:26:29.560 I wish to God that that was not true.
00:26:31.400 I wish, right?
00:26:32.540 I wish all of that were true.
00:26:33.920 But it's not.
00:26:34.460 Right.
00:26:34.800 This actually is reality.
00:26:36.400 And this is where we're at.
00:26:37.660 And so that's what we have to deal with.
00:26:39.200 We have to deal with the facts as they lay.
00:26:41.120 Andrew Branca, thank you so much for coming on.
00:26:42.740 I know it was short notice.
00:26:43.680 You did a great job.
00:26:44.640 Tell people where they can go to follow you and get all the analysis and breakdowns that I'm sure you're going to do.
00:26:48.760 Best places to find me are on X and on YouTube at The Branca Show, B-R-A-N-C-A, The Branca Show.
00:26:56.040 Yeah, he's got a great show, folks.
00:26:57.720 He does some other stuff, too.
00:26:58.760 I loved your breakdown of our great burrito beef debate from the other week was pretty phenomenal.
00:27:07.620 That's where I found that you're a boomer by two weeks, apparently.
00:27:11.580 Two weeks, that's right.
00:27:12.400 He's a two-week boomer.
00:27:13.460 Barely.
00:27:14.100 Barely.
00:27:14.880 I think it's like you and Obama are in that same...
00:27:18.760 Wow, I had no idea that Andrew Prakka has something in common with Barack Obama.
00:27:22.420 Who knew?
00:27:22.960 Who knew, folks?
00:27:24.120 We'll be right back.
00:27:24.900 Jack Posobiec, Real America's Voice, Human Events Daily.
00:27:28.760 one communist on the faculty of one university is one communist too many
00:27:36.160 one communist among the American advisors at Yalta was one communist too many
00:27:52.100 all right folks jack we are back live here human events daily real market's voice and of course
00:27:59.780 we're going through this new filing in the tyler robinson case and i wanted to just say you know a
00:28:06.760 huge shout out because when we were there on the ground when we were there um covering this day in
00:28:12.060 and day out we knew that we needed some extra security we knew that we needed some extra
00:28:16.920 resources, we need to kind of kind of fleet up, if you will. And our friends over at Allegiance
00:28:22.620 Gold really came in big for us. And they did everything possible to support us, secure our
00:28:27.800 security team, support our coverage. And we just appreciate the partnership that we have with them
00:28:33.300 to help making reporting like that in that kind of situation possible. And it also made me reflect
00:28:39.040 because the idea of security, it means different things to different people. And it has different
00:28:42.960 aspects to it whether it's you know stories recovering like that or even decisions we make
00:28:47.400 for our own families and our family's financial status you got to think about protecting what
00:28:52.940 we've all worked so hard to build that's why i'm especially thankful for allegiance gold you know
00:28:58.240 we've been working together with those guys for the past five years and relationships like this
00:29:02.100 are not built overnight they're built on trust consistency and showing up for one another and
00:29:06.620 we appreciate their support very much we're proud to have them standing with us and if you would
00:29:10.160 like to learn more, visit protectwithposo.com. That's protectwithposo.com or give them a call
00:29:15.640 844-577-POSO. Again, that's protectwithposo.com. I want to go through some more. We're getting
00:29:22.660 these reactions to this. And to me, it really is a bombshell filing in the Tyler Robinson case.
00:29:29.260 I'm going to bring on now Will Chamberlain of the Article 3 Project. He joins us by phone. Will,
00:29:34.040 how are you? Doing great. Good to be with you, Jack. You as well. And Will, I know you're running
00:29:38.980 and around today. You've got so much going on, but I understand you've had time to just really
00:29:43.720 start to, you know, dig in a little bit on this filing just this morning, but in the Tyler Robinson
00:29:50.520 case. But to me, what just jumped out at me was that the focus of the briefing really seemed to
00:29:57.160 be more on the death penalty as opposed to any direct attacks or attempts to, you know, to
00:30:06.700 chip away at this mountain of evidence that's been presented against their client. And I wanted to
00:30:12.360 get your take as well on this. I'm not surprising. I'm not surprised by that. It suggests to me that
00:30:19.120 Tyler Robinson's defense counsel are competent in the sense that they understand that at this stage
00:30:23.740 of the case, they're not going to be able to prove that there's no probable cause that Tyler
00:30:28.560 Robinson shot Charlie Kirk, because we heard a week's worth of evidence that there was.
00:30:32.420 So they're really trying to focus in on what could they possibly win on at this stage.
00:30:37.720 And really the only thing that's even conceivable is that they defeat the death penalty aspect of this case by trying to mitigate or essentially cast doubt on the question of whether there are aggravating factors.
00:30:50.440 And, you know, I think that from from the outset, I always thought the only part of this case that wasn't open and shut,
00:30:56.020 the only part of this case that wasn't completely buttoned up was the question of these aggravating
00:31:00.320 factors, whether or not Tyler Robinson knew he was trying to shoot and was reckless about other
00:31:06.340 people being in range. I thought there's at least an argument to be made that he was trying to
00:31:11.360 kill Charlie Kirk and was only trying to kill Charlie Kirk in a way that was targeted. So
00:31:16.880 that said, I think the prosecution has the better of the argument here. But I'm not surprised that
00:31:22.880 the defense lawyers are spending their energy at this stage on trying to defeat that one aspect of
00:31:28.500 the case. Well, and, and, and, and that seems to be exactly right. And so, but even in doing so
00:31:34.680 in this, in this filing, you've got statements here from the defense team and, and, you know,
00:31:39.860 we've been talking about them all day, but statements that the defense team is admitting
00:31:43.980 that the evidence shows, it doesn't say the evidence appears to show it. No, it says the
00:31:49.040 evidence shows that a shooter was on the roof of the Losi Center and fired one shot at Charlie
00:31:54.920 Kirk. And as horrific as that is, and as disgusting as that is, and as much as I every single day
00:32:00.600 wish that wasn't true, you know, this reminds me of when, you know, we had that video of Lance
00:32:07.360 Twiggs that was played at the trial, where Twiggs was saying, yeah, that was Tyler Robinson. And
00:32:12.860 And this wasn't, you know, this wasn't Kash Patel saying it, it wasn't CNN saying it, it's his own boyfriend.
00:32:20.000 Now we have his own defense team saying these things.
00:32:23.320 And it's a big moment, it's just a big moment.
00:32:27.580 Yeah, I totally agree.
00:32:29.940 I think that it was never, it was just never going to be viable for them to try and claim one of these bizarre conspiracy theories,
00:32:35.760 like it was an explosion or like an explosive microphone or whatever else people are thinking of.
00:32:43.480 There's just this overwhelming amount of evidence that there was obviously a shooter on the roof.
00:32:48.760 There was a gun that was located.
00:32:50.280 There was the coroner's report and the autopsy showing the presence of bullet fragments inside his body
00:32:58.220 and nothing resembling the burn marks.
00:33:01.260 That would be the telltale signs of some sort of explosion.
00:33:04.200 uh so i mean i think that you know when your defense attorneys are not podcasters you actually
00:33:09.940 have to like maintain your credibility with the judge and maintain your credibility with the jury
00:33:13.640 if you're trying to hope to accomplish anything at all and as a result you're not you're not going 0.72
00:33:18.400 to play so fast and loose with the facts that you just make yourself look like a clown especially
00:33:23.160 at such an early stage in the proceedings yeah i got i was on a uh you know sort of one of those
00:33:28.140 panel shows that as as you get into these days and i was asked that question about uh you know
00:33:33.400 whether it was not a bullet. And I just sort of responded that, you know, everything that I've
00:33:37.440 heard from day one, from information directly from the hospital to information that was presented
00:33:43.460 in court, which I sat through, you know, everyone on both sides of the football was discussing
00:33:49.800 bullets, ballistics, DNA on the casings, the etchings on the casings, which would provide
00:33:56.840 the political motive. And then, of course, the autopsy report, which unfortunately showed the
00:34:03.380 fragmentation of that bullet and what it did to my friend's body. And so it always just struck me
00:34:09.900 as quite strange that these questions would be coming in sometime. And in that case, it was from
00:34:14.900 a, you know, even a former Navy SEAL who's quite famous. And I just sort of was scratching my head
00:34:20.440 saying, that's not what all of these officials are talking about. Yeah, I mean, it's really
00:34:26.660 bizarre that people went down this rabbit hole. And I think people struggle with the difference
00:34:31.880 between unlikely and impossible.
00:34:36.360 So, and especially with regards to, you know,
00:34:38.080 the sort of central question of could a 30-06 bullet
00:34:40.260 have not gone through and through.
00:34:42.160 And 30-06s are more likely than not to leave an exit wound, 0.99
00:34:47.320 but it's not impossible. 1.00
00:34:48.760 I mean, it reminds me of something like, you know,
00:34:51.480 a pitcher gets a hit in baseball one out of every 10 times.
00:34:54.580 It's not impossible.
00:34:55.620 It's not unheard of.
00:34:56.560 It happens every day.
00:34:58.400 It just is, even if it's not the most likely outcome,
00:35:00.920 It is a regularly occurring outcome, and that's the case with the .30-06 bullet not having
00:35:05.860 an exit wound, especially given that apparently the bullet was a soft-hit bullet designed
00:35:09.740 not to go through and through, but rather to expand.
00:35:12.200 Well, that's right, Will, and in fact, this is actually the ballistics here, and that
00:35:16.300 likelihood has actually become a point for the state because they're arguing that because
00:35:23.360 of the propensity for ricochets or through and throughs or, you know, in the military
00:35:30.020 There's this phrase, you know, bullets do weird things because of that propensity.
00:35:33.720 That's what creates the aggravated risk to others.
00:35:37.460 Right. Right. Nobody's nobody's denying that it is a it is a common occurrence for 30-06s to go through and through.
00:35:44.840 It's just not guaranteed. And there's plenty of examples in history. 0.95
00:35:48.640 I mean, the most obvious being Martin Luther King, who had a 30-06 bullet.
00:35:53.240 The 30-06 bullet that killed Martin Luther King was found inside his body, not through and through.
00:35:57.880 Yeah, and his shoulder, if I believe correctly, kind of went through the jaw and down and just, I mean, obviously, you know, another horrific case.
00:36:05.800 But again, something we can point to and say it's, you know, that's why they're called odds, ladies and gentlemen.
00:36:10.780 That's why these things are not certainties, because you never really know what's going to happen when you pull the trigger.
00:36:16.520 And by the way, that is why there's this aggravated circumstance that when you're pulling the trigger and there is a crowd of people in front of you, including children, minor children, that and if you even if you're only targeting one person, that, yes, you actually are held to a higher standard because you have put all their lives at great risk.
00:36:36.640 yeah i think that's an that's an excellent point and uh i mean i think the prosecution's
00:36:44.140 going to end up talking about the propensity for 30-06s to go through and through more and more 1.00
00:36:47.820 as that i bet we'll see a bunch of that at trial uh you know when they have i bet they're going to
00:36:52.580 have a ballistics expert and it's going to be the prosecution's ballistics expert who's going to
00:36:56.760 talk about the propensity for 30-06s to go through and through yes and in addition will the one thing
00:37:02.620 the prosecution has already stated, and I know for a fact just having been there, and anyone who's
00:37:07.720 watched it would see this as well, that they were pointing out that that tent, the sort of tent that
00:37:13.180 Charlie was sitting in front of is, again, that's just canvas. That's not something that's going to
00:37:17.980 provide any deflective or cover for anyone behind it, meaning had there been a through and through
00:37:25.840 or had there been a miss of any calculation, anyone standing behind Charlie, walking behind
00:37:32.060 Charlie, whether it was, you know, a student or a staffer or a teacher or the Pope or whoever,
00:37:38.780 right, could have been struck and killed because of this propensity. And of course, the shooter
00:37:43.880 on that roof did not care in the slightest because of his choice and his anger, which in my mind is
00:37:52.420 clearly politically motivated because of the etchings that we can see on the bullets that he
00:37:57.620 made that it was politically motivated. Again, Bella Chow, the Antiva Anthem, Hey Fascist Catch,
00:38:05.560 Notices Bulge, What's This? All of these, again, political, trans, anti-fascist slogans.
00:38:11.580 We're on with Will Chamberlain. We're going to be right back here at Human Events Daily,
00:38:14.300 Real Markers Voice.
00:38:27.620 so we're going to call this the jack posobic appreciation hour i can say confidently i
00:38:36.400 believe i think josh shapiro would be the vice presidential nominee if it wasn't for jack
00:38:40.340 and that that is i'll be honest all right folks jack so we are back live here human events daily
00:38:51.000 real america's voice we're on will chamberlain of the article three project and we're talking
00:38:55.800 about the new filing, latest filing in the Tyler Robinson case. This is a briefing, of course. So
00:39:02.340 Will, walk us through, you know, sort of a little bit of just kind of zoom out, you know, where are
00:39:07.320 we at this point in the case? Why is this briefing being made? What are the steps after this?
00:39:14.040 So, I mean, we're at a very early stage in the case, right? And if we were in federal court,
00:39:18.580 we would not even be at the moment when the defendant is indicted, right? And sort of like
00:39:25.500 a trial schedule, the whole schedule for trial is set. Like, we're still before that point
00:39:29.480 where you actually make a decision about whether there's even going to be a trial,
00:39:33.780 whether there's even going to be any further process. So this is very, very
00:39:37.540 early, which is interesting because we had this, you know, such a wholesome presentation
00:39:41.560 of the evidence a few weeks ago. But people have to remember, like, this is, we're at
00:39:45.520 an extremely early stage here. And as a result, like,
00:39:49.440 I think that's partially why I think the Tyler Robinson defense is
00:39:53.460 really not trying very much uh they know that you know under the standard of evidence that applies
00:39:58.280 right now they're just there's just not a lot of viable things they could even theoretically say
00:40:02.500 uh and so as we discussed earlier they're focusing on like what they think is their best place to
00:40:08.260 land any kind of punch which is on these aggravating circumstances okay and so so we
00:40:12.480 should expect more direct attacks on trying to undermine the evidence in in future uh either
00:40:18.760 filings or, of course, the trial itself.
00:40:23.580 Yeah, that's right.
00:40:24.140 Because, I mean, at that point, they might try and make arguments about reasonable doubt.
00:40:27.160 You know, they might try and cast reasonable doubt on whether or not the person who actually
00:40:31.120 took the shot was Tyler Robinson.
00:40:32.900 They might try and cast reasonable doubt on all these other things.
00:40:35.620 But at this point, the idea that there's not probable cause for the question of whether
00:40:40.840 this was Tyler Robinson, I mean, that's just a frivolous argument and would undermine their
00:40:45.080 credibility with the judge.
00:40:46.840 Right.
00:40:46.960 So not doing that.
00:40:47.640 And this is something for folks to remember.
00:40:49.420 So just zooming all the way out, this is the judge deciding whether or not this will go to trial.
00:40:58.280 And it's similar to the function that people might think of a grand jury.
00:41:02.780 However, the biggest difference being that a grand jury is, in fact, behind closed doors,
00:41:07.780 that that information is typically kept sealed.
00:41:11.420 That is something, obviously, that was famously broken,
00:41:17.840 that seal was broken during the Jeffrey Epstein case,
00:41:21.000 and a lot of the grand jury information came out.
00:41:23.980 That's something that's not usually done.
00:41:25.860 But just to kind of point to how that usually goes,
00:41:28.160 and it required an act of Congress to get that to be on and signed by the president,
00:41:32.540 which he did sign, by the way.
00:41:33.740 And the point being is that I actually appreciate that Utah has done this
00:41:39.080 and chose to do it in such a way where it is public,
00:41:42.120 where we can see all of this in public,
00:41:44.640 where the defense, of course, has a chance to respond
00:41:46.780 as everyone should under our system.
00:41:50.400 And we're going through their response right now
00:41:52.360 and we're determining as citizens of our country
00:41:55.480 and obviously as people who knew Charlie
00:41:57.780 and cared about him very much,
00:41:59.400 that we can see and weigh for ourselves
00:42:02.740 what is going on in the system.
00:42:04.360 That's actually how I think the justice system should work.
00:42:06.500 Yeah, I mean, I think it's uniquely helpful at this moment, right?
00:42:11.520 In this particular case where you had this specific murder leading to a whole host of conspiracy theories,
00:42:18.160 in a different circumstance, we would have to wait for a trial to see all the evidence.
00:42:23.040 Like, if it was just a grand jury indicting it, we wouldn't be seeing any of this.
00:42:26.800 We wouldn't see what was in the state's possession.
00:42:29.200 Maybe in some motions, they'd hint at it.
00:42:31.360 But we wouldn't have had nearly as fulsome a presentation of the evidence as we did at the preliminary hearing.
00:42:36.500 So, yeah, I think we're the beneficiaries of Utah's process here.
00:42:40.520 Yeah, no, no, certainly I would, I would, I'm not going to, I'm not going to go so far as to say that I, I like the, the length of time that it's taken.
00:42:49.280 So two days ago, was it Monday, would have been the 11 month anniversary.
00:42:54.700 And then we're rapidly approaching the one year anniversary.
00:42:58.800 I'm, you know, I actually, I asked, I asked some, some lawyers, you know, who are more familiar with the Utah system.
00:43:04.920 I said, is this, you know, is this because it's a capital case?
00:43:08.040 And the response I heard back was that, no, this is just how Utah does things.
00:43:14.080 I lost you there for a second.
00:43:15.380 I apologize.
00:43:15.960 I didn't hear that last bit.
00:43:17.080 Oh, I said I heard that.
00:43:18.820 I was told by some folks who were familiar with Utah that this really is their system.
00:43:23.400 It's just very, it's very routine.
00:43:26.520 Very, this is very routine?
00:43:28.660 Yes.
00:43:30.440 Yeah, well, I mean, that's, I mean, that's good, I guess.
00:43:33.920 good for Utah. In some sense, I'm kind of surprised by it, and I'm surprised that defendants tolerate
00:43:40.000 it, because it does mean that all the evidence of them, it becomes public before a jury is even
00:43:45.820 selected and to be screened. So I find that to be kind of interesting. Although, I mean, I guess
00:43:51.640 maybe the point here is that, you know, I was wondering for a long time why did the defendants
00:43:56.060 not waive the preliminary hearing? And I guess they were hoping, perhaps they were thinking that
00:43:59.360 they were going to challenge the death penalty issues right away and try and knock them out
00:44:03.020 early. And that would actually make some sense. No, it may. No, no, we'll, you know, and I know
00:44:08.840 this is, you know, asking for your opinion and, you know, put it that way. But, you know, at what
00:44:13.940 point, you know, so if the judge, you know, let's let's say that the judge comes out September 1st
00:44:19.760 or whenever the ruling comes down next couple of weeks says, all right, they've they've proven the
00:44:24.320 bar, make the ruling. This is going to trial. At what point would would would we potentially
00:44:30.420 expect to see perhaps some proffers of a plea deal from the defense team when when would that
00:44:36.660 usually start uh see what from the defense team say that one more time a plea deal potentially
00:44:42.460 a what uh offering uh some kind of plea deal i'm sorry i just can't i'm uh my audio is killing me
00:44:52.100 now i i'm like you know like i keep missing that little key bit of what you're saying oh like a
00:44:56.540 like a deal to plead guilty in exchange for an offer to plead.
00:45:01.320 Okay. Well, so there'll be an allocution at some point after the,
00:45:04.080 after the indictment or right after the,
00:45:06.740 the charges are held over and then you'll,
00:45:10.420 you will get a not guilty plea at that point. And I mean, then, you know,
00:45:15.020 obviously there's a question of whether or not the prosecutors might offer
00:45:17.760 Robinson some sort of plea deal. I very strongly doubt it. You know,
00:45:23.060 the the real i i just unless they're they get some sense that maybe maybe the judge will issue
00:45:28.740 a ruling that he's not certain about the aggravating factors and that might lead to a
00:45:32.960 world where you get some sort of plea possibly but uh my my suspicion is that there's no real
00:45:39.320 plea that robinson's lawyers could sign off on that would make sense here um so i mean i think
00:45:46.060 this is on the trial well and that's you know if that is the case and i'm you know i'm thinking now
00:45:51.080 of Brian Koberger up in Idaho, you know, would there be perhaps a scenario wherein Tyler Robinson's
00:45:58.240 team offers to plead guilty in exchange for taking the death penalty off the table?
00:46:05.100 Yeah, I mean, I'm sure they'll make that offer. I just don't think that the prosecutors will take
00:46:08.720 them up on it. And the reason is there's just so much more evidence against Tyler Robinson than
00:46:14.100 there was against Koberger, right? The Koberger prosecution was really reliant on, I mean,
00:46:19.840 There's no eyewitnesses seeing him.
00:46:22.160 They're really relying on just a very small amount of DNA evidence and cell phone location evidence.
00:46:28.540 As compared to here, where everything was written on videotape, you have Robinson on the scene multiple times on video,
00:46:35.220 his car on the scene, his gun, all the DNA on the gun, the screwdriver on the roof.
00:46:41.420 So I think that Robinson's going to want to make that offer, and his lawyers are going to suggest it,
00:46:46.380 but I don't think the prosecutors are going to take them up
00:46:48.360 because I think they're not nearly as worried about losing a trial.
00:46:52.740 Well, and I think that's what my view is here as well.
00:46:57.340 Will Chamberlain, thank you so much.
00:46:58.800 As always, appreciate you calling in while you're running between different things.
00:47:03.420 Where can people follow you?
00:47:05.360 You can follow me at Will Chamberlain on X,
00:47:07.240 and you can follow what the Article 3 Project is doing at A3Baction.com.
00:47:10.820 All right, folks, go ahead and give Will a follow.
00:47:12.800 He's the best on this.
00:47:13.760 you know it's been 11 months next month it's going to be one year and
00:47:22.100 I'm one of those guys where I say we have to trust the process we have to trust the process
00:47:28.860 I was in the military you know sometimes there's big processes that take way longer than I think
00:47:35.000 they should and you you think you're immune to it you think that you're you know you have that
00:47:42.380 you have to have that discipline to say again i trust the process and everything's going to turn
00:47:48.460 out okay but you know nothing's going to make this okay you know even as we go through this every day
00:47:58.220 that there's a new hearing or some new evidence or there's a new briefing
00:48:03.100 nothing's ever going to make it okay i think it's ever going to make it better
00:48:06.460 but there's certain things that have to happen in response when something like that takes place
00:48:13.880 the iron law of exact reciprocity and reciprocity is coming mark my words
00:48:23.940 ladies and gentlemen as always you have my permission to lay short
00:48:36.460 You